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Jurnal IUS (Kajian Hukum dan Keadilan)

IUS
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Published by Universitas Mataram

ISSN : 23033827 EISSN : 2477815X DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded by a group of young lecturers who had a passion to spread their ideas, thoughts and expertise concerning law. Jurnal IUS focuses on publishing research about law reviews from law students, lecturers and other activists on various topics. As an academic centre, we organize regular discussions around various selected topics twice a month. Topics of interest: the battle of legal paradigm legal pluralism law and power

Arjuna Subject : -

Articles 612 Documents

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THE ROLE OF THE OMBUDSMAN OF THE INDONESIAN REPUBLIC IN WEST NUSA TENGGARA IN PROMOTING THE LOCAL GOVERNMENT COMPLIANCE TOWARD THE ACT NO. 25 OF 2009 CONCERNING PUBLIC SERVICE Hakim, Adhar
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 7 (2015): LOGIKA DAN TEROBOSAN HUKUM
Publisher : Jurnal IUS

The research aims to study the application of the role of the Ombudsman of the Indonesian Republic in West Nusa Tenggara in promoting the local government compliance toward the Act No. 25 of 2009 concerning public service and analyze the policies to strengthen the function and the role of the Ombudsman of the Indonesian Republic. This is a normative research. It begins with a statutory analysis to explain the function and the role of the Ombudsman of the Indonesian Republic to control public service in the province of West Nusa Tenggara. This research applies statutory, conceptual, and socio-legal approaches.Â This research shows that the role of the Ombudsman of the Indonesian Republic in promoting the local government compliance toward the Act No. 25 of 2009 concerning public service relates to some constitutional agenda of government to support local government to conduct bureaucracy reform, good government enforcement, and ascertaining public right to control government. Therefore, it needs constitutional basis. Keywords: Strengthening Role, Compliance, Local Government

IMPLEMENTATION OF THE STATEâS RIGHT TO CONTROL IN THE CONTEXT OF AGRARIAN REFORM IN INDONESIA Pratama, Ridho Ardian
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The stateâs possession right regime has, in its application, brought up variety of interpretations. In relation with the implementation of agrarians reform in Indonesia, it is initially driven and led to be a primary instrument supporting such program. This research based on the fact that the stateâs possession right nowadays is not appropriately or properly used within the agrarian reform. One of the causes of such situation is the vagueness of the authority basis of the stateâs possession right. Up to now, the implementation of the agrarian reform as major agenda is still uncompleted. since new order ruling government, many regulations enacted are incompatible with the article 33 of Indonesian constitution of 1945, act of agrarian and act of land reform. Today, government has set up a national agrarian reform program which is basically and contextually different from which act of agrarian and act of land reform mandate. The huge thing to which people focusing their attention is both the interpretation and application of the stateâs possession right to assume has been employed in the wrong track, i.e. for the sake of investment, mining, industry and forestry.Keywords: The Stateâs Possession Right, The Agrarian Reform

THE RESPONSIBILITY OF PDAM TIRTA DHARMA IN DOMPU REGENCY TO THE CLEAN WATER CONSUMER Akbar, M.Hijratul
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 9 (2015): HAK MENGUASAI (Monopoli) NEGARA
Publisher : Jurnal IUS

Research method is conduct by empiric-juridic approach, research on legal regulation especially Law on Consumer Protection and Law on Raw Water Sources, and supported by interviews on informant and respondent. The research result shows that the Law on Consumer Protection has been regulated on bussinesman responsibility in accordance with Article 19 Law on Consumer Protection that bussinesman responsible to give a compensation for the damages, contamination, and/or consumer loss as the result of consuming goods or services that produces or traded. PDAM responsibility constrained by several factors like limited of raw water sources and limited public budgetting for clean water to manage by PDAM, and leak of pipeline because lack of maintenance by PDAM. Consumer dispute settlement on clean water, the society is not fully aware therefore socialization by government is needed, establishment of BPSK and the regulation in form of local government regulation that can protect unresponsible businessman activity. Â Keyword : Consumer Protection, Clean Water

THE SYSTEM OF COST MANAGEMENT OF HAJJ ACCORDING TO THE PERSPECTIVE POSITIVE LAW IN INDONESIA ,SH, Burhanudin
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 4 (2014): UTOPIA HUKUM - KESEJAHTERAAN
Publisher : Jurnal IUS

Regulation of Hajj is regulated in Act Number 13/2008 on Implementation of Hajj. Legal certainty for Indonesian citizens who want to carry out the pilgrimage to the holy land of Mecca is organized by hajj organizers and management systems. Legislation approach (Statute Approach) is conducted by reviewing all laws and regulations cost management of hajj, while Conceptual Approach is examines the views / draft experts regarding the Cost Management of hajj. According to the positive law, cost management of hajj are based on Act Number 13/2008 on Management of Hajj, Minister of Religion Regulation Number 10/2005 and Minister of Religion Decision Number 396/2003 on Management of Hajj, stated that cost management of hajj are manage by The Minister of Religion in cooperation with the Sharia Bank and conventional bank that accountable to President and Parliament. However, the cost management of hajj is not provide benefits to the principle of Indonesian pilgrims. From the nine principle of good governance, there are three principles that implemented, which are principle of participation, responsiveness, and principle of consumers oriented. The other six principles that have not done are the principle rule of law, transparency, fairness, efficiency, accountability and strategic vision principle. The ideal cost management of hajj in the future is by using the management system that directly, fast and transparent (DFT).Keyword: Cost Management of hajj, Positive Law

PRINCIPLES OF JUSTICE IN LAND ACQUISITION GRANT OF COMPENSATION FOR PUBLIC INTEREST (CASE STUDY IN THE CITY highway widening Praya Central Lombok) Zarkasih, Hery
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

Process of the implementation of compensation for land acquisition for public purposes in the town of Praya carried out under the provisions of Law No. 2 of 2012 on Land Procurement for Development for Public Interest starts from the stage of assessment, the results of the assessment became the basis of the implementation of the deliberations in the determination of damages and villages Prapen Panjisari, When viewed from perspektif justice John Rawls, then compensation in the procurement of land in the town of Praya including unfair, John Rawls suggests an element of substantive justice and procedural fairness element. Some of the obstacles in the indemnity is a dispute between the owner of the land affected by the widening of the road by the old owners. The governmentâs efforts is through deliberation to find the best solution. Keywords: Justice, Compensation, Land Acquisition

THE CONTROVERSY OF APPLYING THE DEATH SENTENCE FOR CRIMINAL ACTS RELATED TO DRUGS Hasan AsyÃ¢Â€Â™ari, Syamsul Hidayat &
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Jurnal IUS

In anticipation of the threat and the dangers of drug abuse and illicit trafficking, Indonesia as a whole has had the law on ratification of the Convention , including the United Nations on combating illicit trafficking in narcotic drugs and psychotropic substances in 1988. Policy is required drug crimes (penal policy). Applicable policies regarding how to commit criminal law legislation in force at the moment and formulated policies that lead to renewal (penal law reform) who formulated the laws of criminal law . The global trend will be a moratorium on the death penalty, the idea of humanism or universal human values sometimes correlated inversely with the application giving rise to the defense of the human rights perspective. Dynamics in the world of criminal law shifted from theory to theory retaliation treatment clinic . Policy on the death penalty in law on drugs illustrates the manifestation of the idea of balance or mono-dualistic and offer alternative policies forward in line with the function and purpose of the law-making in the context of national law in Indonesia .Keywords : Capital Punishment, Narcotics, Moratorium

CONSUMERSâ LEGAL PROTECTION CERTAINTY VIS-Ã-VIS THE APPLICATION OF STANDARD CONTRACTS Bagiartha, I Putu Pasek
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

The consumer protection is an important aspect to ensure the legal certainty for consumersin using products of marketed businesses. Orientations of entrepreneurs is emphasize thepracticality of achieving profits to encourage the growth of unhealthy trade practices with theinstrument of standard contract application as a basis of law relationship among the economicactors. The nature of standard contract that is identical to the principle âtake it or leave itâ is aclear example of the difference of position that leads to a form of exploitation of consumers and form the opposition to the principles of the agreement in general. The proliferation of standard contract application in the community is an implication of freedom of contract principle that applied to the restrictions set forth in Article 1337 and Article 1339 of Civil Code. Although restrictions on the principle of freedom of contract has been regulated strictly, the application of standard contracts that happened in the community tend to be opposed to the principle of freedom of contract itself, especially in terms of the substance and implementation of the contract.This situation at last encourages the consumers protection both preventive and repressive legal protection. The mechanism of consumer dispute resolution is divided into three systems; consist of the peaceful settlement; settlement of disputes through public justice, or the settlement of disputes outside the courts through the Consumer Dispute Settlement Body (BPSK). The dispute resolution procedure through BPSK is divided into three stages namely, complain phase, trial phase and decision phase, while the court procedure is divided into stages of proposing a lawsuit, the reading a lawsuit by the plaintiff, the defendant answers on the plaintiffâs lawsuit, replik, duplik, and the examination of evidence, conclusions, and the judgeâs decisionKeywords: Consumer Protection, Standard Contract, Transaction Law

JURIDICAL REVIEW ON COMMUNITY ROLE IN SPATIAL PLANNING IN EAST LOMBOK REGENCY AsyÃ¢Â€Â™ari, Muh.
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Regulations related to spatial planning of modern city in Indonesia can be seen when Jayakarta,later named Batavia was controlled by the Dutch in the early 7th century. The regulationswere then developed intensively in the early 20th century in view that spatial planning relatesto all aspects of life so that it is necessary for the people to gain access to the spatial planningprocess because the basic concept of spatial planning is stated in paragraph 4 of UUD 1945 andcommunity participation in spatial planning is regulated in Law No. 26 of 2007 concerningSpatial Planning. It is also regulated under government regulation No. 15 of 2010 concerningPublic Participation in Spatial Planning. To direct the development in East Lombok Regencyby utilizing the area efficiently, effectively, harmoniously, proportionally and sustainablyin order to create an equitable East Lombok society, a spatial plan should be developed. Theimplementation of spatial planning includes spatial planning process, space utilization andspace control as a manifestation of the long-term development plan of East Lombok Regency.Keywords : Spatial Planning and Community Role

AUTHORITY OF THE HEAD OF PUBLISHING BUSINESS ESTATES LICENSES IN FOREST ADAT ,SH, Dianto
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 3, No 8 (2015): POLEMIK PERLINDUNGAN HUKUM DI INDONESIA
Publisher : Jurnal IUS

The purpose of this study is to analyze the relevant authority issuing permits Regional Head plantations in indigenous forest, plantation business licensing mechanism based on the laws and regulations in the jurisdiction Indonesia konsekwensi plantation business license issued by the regional heads of indigenous forest after the Constitutional Court decision No. 35 / PUU-X / 2012. This research is normative approach method legislation, Second and third approach is the concept of case-based approach. This study has also found that there was noÂ recruitments authority to issue licenses to the head area of forest plantations in custom, there is no regulation regarding the release of forest land to indigenous forest plantation and land use juridical consequences every plantation business license issued not by the decision of the Constitutional Court No. 35 / PUU-X / 2012 is null.Keywords: Authority, licenses, customs Forest

THE SETTLEMENT OF INDUSTRIAL RELATION DISPUTES THROUGH MEDIATORS SH, Irawan,
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

According to the LawÂ Number 30 Years 1999, article 6 section (3) if there is a dispute, based on the written agreement, either parties can resolve the dispute through a mediator. While the LawÂ No. 2 of 2004 article 4 section (4) if the parties do not specify the solution option whether through conciliation or arbitration within seven working days, the district institution related to employment will delegate the solution to the mediator. The mediation is conducted by a mediator in the institution related to labor affairsÂ in district level â. Mediation is not offered in conjunction with the conciliation or arbitration because the government wants to provide public services through competent mediators to resolve four types of disputes. Only Civil Servants (PNS) working at department of labor may be appointed as the mediator to solve dispute related to the industrial relationship, because government provides public services as State responsibility and intervention to resolve disputes between citizens. The absence of either parties in the mediators may cause injustice to the applicant or the defendant because the same deedÂ may raise a different legal consequence, so the absence of the applicant or the defendant should cause the same legal consequences.Keywords: Industrial Relations, Disputes Settlement, Mediator, Mediation

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jurnalius

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jurnaliusunram@yahoo.com

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Kota mataram,

Nusa tenggara barat

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